Neighbor’s dead tree fell on my boat, notified rental management company

UPDATED: Oct 1, 2022

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Neighbor’s dead tree fell on my boat, notified rental management company

My neighbor’s dead tree fell during a storm crushing my fence and landing on my
boat. I notified the rental management company three days in advance of the
storm to tell them that it was dead, rotten and has a 100 chance of falling in high
winds. I told them they needed to get in contact with the owner to mitigate it
before the storm hits. They waited to email the owner until a week after the storm.
Do I have a case for negligence? Would my case be with the rental management
company or the owner of the property? Any advice on how to handle the situation
would be greatly appreciated.

Asked on October 5, 2018 under Real Estate Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can file one lawsuit for negligence naming both the property owner and management company as defendants.
Negligence is the failure to exercise due care (that degree of care that a reasonable property owner / property management company would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your boat and the cost of repair or replacement of your fence.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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